Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
PREAMBLE
I bear witness that there is no deity but Allah, the One, the Merciful, the
Almighty, Creator of the heavens and the earth and all therein, God of Abraham, Moses,
Jesus, Muhammad, and all the Prophets, mercy and peace be upon them all. He is One
God and He has no partner. And I bear witness that the Prophet Muhammad is His
Servant and His Messenger and the last of all the Prophets, mercy and peace be upon him.
I bear witness that Allah is the Truth, that His promise is Truth, that the Meeting with
Him is truth. I bear witness that the Jannah is truth, and that Jahannam is truth. I bear
witness that the coming of the Day of Judgment is truth, there is no doubt about it, and
that Allah, Who is exalted above all deficiencies and imperfections, will surely resurrect
the dead of all generations of mankind, first and last and those in between.
This is my counsel to my relatives and friends, my Muslim brothers and sisters, and all
those who remain after me: that they strive to be true Muslims, that they submit to their
Creator Allah - and worship Him as He alone is to be worshipped, fear Him as He
alone is to be feared, and love Him and His Prophet Muhammad, with a complete love
that is rivalled by nothing besides them. Let them obey Him and hold fast to His Shari'ah.
Let them spread and firmly establish His religion of Islam, and let them die only in a state
of complete submission to His Will.
I remind them that no man and no woman dies before his/her time. The exact
duration of each life span is precisely determined before we are born, by the All-Powerful
Creator, may He be exalted. Death is tragic only for the one who lived out his/her life in
Finally, I ask all my relatives, friends and all others -- whether they choose to
believe as I believed or not -- to honour my Constitutional Rights (according to the
Constitution of India) to these beliefs. I ask them to honour this document that I have
made, and not to try to obstruct it or change it in any way. Rather, let them see that I am
buried as I have asked to be buried and let my properties be divided as I wanted them to
be divided
I ordain that no autopsy or embalming be done on my body unless required by law, that
without unjustified delay my body be washed, wrapped with cloth free of any ornaments
and other articles, prayed for (Salatul Janaaza) and then buried; all of which should be
done by Muslims in complete accordance with Islamic Shariah.
2.
3.
4.
b) In the event of legal difficulties in the execution of this Article, I direct the above-
named person to seek counsel from ------------------------- residing at----------------------.
d) I ordain that no pictures, crescents and stars, decorations, crosses, flags, flowers, any
symbols Islamic or otherwise or music be involved at any stage of the process of
conducting my burial or ever be placed at the site of my grave.
e) I ordain that my body shall not be transported over any unreasonable distance from
locality of my death, particularly when such transportation would necessitate
embalming, unless when long distance transportation is required to reach the nearest
Muslim cemetery, or any other cemetery selected by my Muslim family.
f) I ordain that my grave be dug deep into the ground in complete accordance with the
specifications of Islamic practice, that it faces the direction of Qiblah (the direction of
the City of Makkah in the Arabian Peninsula towards which Muslims face during
prayers).
g) I ordain that my body shall be buried without a casket or any encasement that
separates the wrapped body from the surrounding soil. In the event local laws require
casket encasement I ordain that such encasement be of the simplest, the most modest,
and the least expensive type possible and the type that most easily organically
assimilates into the soil. I further ordain that the encasement be left open during
burial and filled with soil/earth unless prohibited by law.
2. I give my executor herein named power to settle any claim for or against my
estate and power to sell any property, real, personal or mixed, in which I have an
interest, without court order and without bond. I direct no bond or surety for any
bond be required for my executor in the performance of his/her duties.
3. I hereby declare that as on the date of this Last Will and Testament, I have no
children.
a) I direct that my executor apply first, the assets of my estate to the payment of all
my legal debts including such expenses incurred by my last illness and burial as
well as the expenses of administering my estate.
b) I direct the said executor to pay any "obligations to Allah" (Huquq Allah) that are
binding on me such as including any unpaid Zakah, Kaffarat. I have performed
Hajj more than once and so that obligation has been discharged. I have paid all
Zakah as on date and I ask Allah to accept it and to forgive my sins as is His
promise.
c) I direct all inheritance, estate and succession taxes (including interest and other
penalties thereon) payable by reason of my death shall be paid out of and be
charged generally against the principal of my residuary estate without
reimbursement from any person; except that this provision shall not be construed
as a waiver of any right which my executor has, by law or otherwise, to claim
reimbursement for any such taxes which become payable on account of property,
if any, over which I have a power of appointment.
I direct and ordain my executor to pay the following contributions and transfers,
not to exceed one third of the remainder of my estate after making provision for payments
of my obligations mentioned in Article III, to -------------- son of the late --------------- for
him to apply the same for ----------------------------------- as he deems fit in his sole
discretion.
a) I direct, devise, and beque ath all the residue and remainder of my estate
after making provision for payment of my obligations and distributions
provided in Article III and IV, only to my Muslim heirs whose relation
to me, whether ascending or descending, has occurred through Islamic
marriage only at each and every point. The distribution of the residue
and remainder of my estate shall be made strictly in accordance with the
Shariah of Islam.
c) I further direct and ordain that any non -Muslim relative be disregarded
and disqualified in the application of the named schedule.
e) I direct, devise, and bequest all the residue and remainder of my estate of every nature
and kind and whenever situated after making provisions for payments of my
obligations and distribution of my estate as provided in Articles III and IV. I further
direct, devise and ordain that any portion of my estate disclaimed or refused to be
received by any of the legatees named or referred to in this Last Will and Testament
or the remainder of my estate in the event of non-existence of my Islamic Heirs shall
be given also to --------------- son of the late ---------------- for him to apply the same
for as he deems fit in his sole discretion.
I direct and ordain that if any part of this Last Will and Testament is determined invalid
by a court of competent jurisdiction, the other parts shall remain valid and enforceable.
In witness whereof, I have hereunto set my hand and seal this 29th day of August, 2015.
Signature
(Legal Name)
WITNESSES
We hereby certify that the foregoing instrument was on the date thereof, signed,
published, and declared by the Testator --------------------------- as and for his Last Will
and Testament, in our presence, and we have at his request and in his presence, and in
the presence of each other, have hereunto subscribed our names as witnesses thereto,
seeing the said Testator at the time of the signing to be of sound mind and memory.
1. Name :
2. Name :
3. Name :
This document comprising of 7 (seven) pages is made in FOUR original copies. One copy
shall be with me, one copy shall be deposited with --------------------, one shall be with----
--------------------------------, Advocate and one copy shall be with my wife--------------, The
Executor.